The girl I married is not staying with me for 8 months. She left our house 2 weeks after our marriage. We think she was not physically or mentally fit as the marriage was never consummated (no physical relations). The girl's family took her back and told us that they would send the girl back in 1-2 months as the girl is under depression. We never filed a police complaint or any case as we too wanted this to settle this peacefully. The girl took away all the gold and expensive gifts with her. After 4 months when we never heard back from the girl's family, we visited girl’s mamaje (uncle) house and he told us that they are planning to send the girl back to us as she is now feeling good. But again after 2-3 months, when we did not hear back from them, we called the girl's mother and she asked us to give 20 lacs to end this marriage as the girl does not like the boy. We refused to give such a big amount as it was the girl who broke out from this marriage. A week later (before we could plan anything) we got a call from police that they have received a complaint of 'dowry and beating' against all members of my family. In report it was mentioned that boy and family used to beat the wife right from day one. But the girl (during her stay at our house) used to write a personal diary where she mentioned that her husband and all members are very nice and caring. We showed this to the police along with recording of his uncle (mamajee) where he is apologizing to us for this entire incident. This evidence is enough to prove that we never misbehaved or asked for dowry but still police is not rejecting girl's false complaint and is forcing us for a settle this with the girl family (by giving them money) else they will have to file a F.I.R. against us. Now is it under INDIAN law that a F.I.R. will always be filed against boy and family no matter if they are innocent? Can we take any action against police for filing a false F.I.R., if they do? What should we do now? I really do not want this F.I.R. to get filed as I do not want to waste my time in courts and fighting 498a and proving myself right. Please help me as I will not accept this lying down.  

1- You can go for divorce.

2- You can also file an application for  quashing of FIR.

 

Adv Bhuneshwari Devi

www.jaipuriar.com

Police will generally file FIR..

 

If you show all your defense in front of police, it would turn fatal later. Let them file FIR. Contest case on the proof you have.

Hi Bhuneshwari, Thanks for your reply. Can you please provide more details reg. application for quashing of FIR? Btw how can the police file FIR when I am showing all the evidence to them? The complaint filed by girl is illogical as the girl forgot that she used to write diaries (she is under severe depression) so WHY IS THE POLICE NOT REJECTING THE false COMPLAINT? Is India really an independent country?

Dear Aman, 

the evidence what u have is enough to prove the innocence of ur family also... file a quashing proceedings at high court. and then file a case u/s 177, 182 nd 211 as mentioned in FIR on all the parties who have given statements as witnesses and the Police Officer as he knew evry thg and then too he has framed u wrongly in this case and then file a divorce on cruelty upon ur wife.... they already know tht u do not want to waste time and if they will pressure u like this thn they will get 20 Lks. so first set ur mind then engage a good lawyer in your town. BEST OF LUCK.  

@aman,

1) dont show ur weapons to the police otherwise they can modify complaint, fir,chargesheet.

2)keep it safe and use it in trial. dont show it to advocates also becoz ur evidences will only save u in trial.

3)police will now say that u hv done cruelty and she has gone in to depression becoz of u.

so

Never Believe Police and the Lady who has filed complaint.

But the point is why the police will file FIR if they can see that we are innocent?

FIR will mean that A) I will have to fight a case in court that may take 2,3,4 or 5 years. B) The girl may ask for maintenance from me C) I cannot marry until the case is over and I get a divorce, I know the girl will not marry again as she is not mentally/physically fit, E) My case will motivate other bad girls to take law in their hands as FIR against  me will prove that evidence = nothing to police.

Now,

1) Can I STOP THE POLICE to launch FIR against me?

2) Can I file a case against them before the FIR is launched that they are not cooperating with me and not rejecting the application?

3) Should I contact D.I.G, S.S.P or any other official in this regard?

I really DO NOT WANT FIR against me!

Thanks

dear amar 1st of all I would like to inform u that if u hadn't completed 1 yr of ur marriage u can cancel the marriage by applying to court on ground that the physical or mental condition of girl(ur wife) had been hidden by u during or before marriage.In such a case ur marriage will be cancelled.

if u have completed ur1 yr of marriage then u have option of divorce bt 1st of get a AB for ur parents and other family member.after the case is settled or quashed the file divorce suit.

bt first get rid of 498a either by settlement or quashing or by fighting the case

sorry i had written amar instead of aman. and aman also note that police have no right to decide weather a case is false or not.its the right reserved with courts only.police may sometimes think and may not register FIRs bt it is beyond thiers powers. bt make police ur enemy bcoz if police doesnot register her complaint the she may had gone to court for the same. listen aman FIR is nothing to worry,be friendly with police and cooperate with them as charge sheet is prepared by them. also note that consult a good lawyer and get in touch with sonee kapoor of this LCI forum he is best in these cases. best of luck

Amar u cannot stop anyone to file a case against u or even u can stop anyone form registering a FIR against u. the thing u can do is to prove and protect urslf. no one want to get FIR against himself bt circumstances are not same always, I know that it will take time to fight case bt nothing can be done.u have to fight a case.and as said by cm jain sir do not show ur prove to everyone.

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